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(영문) 서울동부지방법원 2016.08.23 2016고정1087

화물자동차운수사업법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the user of a private-use truck C1 ton.

The owner or user of a private-use truck shall not provide or lease his/her private-use truck commercially for transport of cargo.

Nevertheless, at around 14:20 on March 3, 2016, the Defendant received a request from the owner of the goods in front of Gangdong-gu Seoul Metropolitan Government D to transport the removal of the goods, using the same private-use truck to 104 apartment units, and received one million won in return for the transportation of the goods to 104 apartment units.

Accordingly, the defendant provided a private-use truck for cargo transport at a cost.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes, such as a petition, a list of violated vehicles, a control photograph, and a fact-finding report;

1. Relevant Article of the Act and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;